Legal
This website marcdeberny.com is the property of Marc de Berny
– Head office : Marc de Berny – 320, rue Saint-Honoré 75001 Paris France
– SIRET 793 148 925 00019 – APE code: 4791A
– Intracommunity VAT: FR24793148925
– Email: marc@marcdeberny.com
The director of the publication of the Site marcdeberny.com is, Marc de Berny, in her capacity as General Director. The Site marcdeberny.com is hosted by OVH, SAS with a capital of 10 174 560€, registered at the RCS of Lille under the number 424 761 419, whose head office is located at 2, rue Kellermann – 59100 Roubaix, subject to the value added tax under the number FR 22 424 761 419. Design and production: marc-brandon.com
The user acknowledges having read the present legal notice and undertakes to comply with it. The user acknowledges that he/she is fully aware that his/her agreement to the content of these General Conditions does not require a handwritten signature of this document, but results from his/her sole consultation of the Site.
OBLIGATIONS / LIABILITY OF THE USER
The user is forbidden to communicate information that is: false, inaccurate, misleading; defamatory, slanderous or libellous; that would infringe on copyright, patent rights, trademark rights, trade secrets, other intellectual property rights, the right of disclosure or the privacy of third parties and the reputation of Marc de Berny.
The user shall refrain from communicating information that violates French and/or applicable law.
The user shall not communicate information that contains viruses, Trojan horses, time bombs or any other computer program designed to damage or clandestinely intercept any computer system, data or personal information.
The user shall not mislead other users by usurping the identity or a corporate name or by damaging the image or reputation of other persons and/or by impersonating a third party or an employee, an authorised department or an affiliate of Marc de Berny.
The user shall refrain from disrupting, slowing down, blocking or altering the normal flow of data exchanged on the Site.
The user shall refrain from fraudulently accessing, maintaining, hindering or disrupting Marc de Berny’s information systems and in particular the servers and networks connected to the Site. The user agrees not to refuse to comply with the requirements, procedures, general rules or regulatory provisions applicable to networks.
The user undertakes to comply with the legal provisions applicable to information circulating on the Internet and/or on the Site and shall in any event remain solely responsible for any infringement of the rights of third parties that may result from his/her use of the Site.
The user is the sole judge of his legal, contractual and/or judicial right to access the Site and/or use the Site. In this respect, by accessing and/or using the Site, the user acknowledges that he/she is not violating any legal, contractual or statutory provision. The user undertakes to use the Site for purposes that comply with public order, public safety and good morals and shall in any event remain solely responsible for any possible infringements of public order, public safety and good morals that may result from his/her use of the Site.
In general, the user guarantees Marc de Berny against any claim, action and/or demand which it may be subject to and undertakes, in this respect, to pay all sums, damages, costs, lawyers’ fees and expenses which Marc de Berny may be ordered to pay.
INTELLECTUAL PROPERTY
The content of the site is subject to legislation on copyright, trademark law and, in general, on intellectual property.
The general structure, as well as the data, iconographies, representations, logos, texts, animated or non-animated images, brands and all other elements composing the Site are the exclusive property of Marc de Berny or its partners.
Any reproduction, copy, publication, distribution, total or partial representation of this site, without the express and prior authorisation of Marc de Berny, is prohibited and would constitute an infringement sanctioned by articles L. 335-2 and following of the Intellectual Property Code. The trademarks of Marc de Berny and its partners, as well as the logos appearing on the site are semi-figurative or not and are registered. Any reproduction, copy, publication, distribution, total or partial representation of these trademarks or logos, made from elements of the site without the express prior authorization of Marc de Berny is therefore prohibited, within the meaning of Article L.713-2 of the Intellectual Property Code.
The present General Conditions do not imply any transfer of any kind of intellectual property right on the elements belonging to Marc de Berny, or its beneficiaries such as sounds, videos, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the user. Any other use, not expressly authorised in writing and in advance by Marc de Berny is prohibited and constitutes an infringement.
RESPONSIBILITY
The Site and its contents are strictly informative in nature and are provided “as is” without any guarantee, in particular of future performance. Marc de Berny excludes, within the limits permitted by law, all guarantees. In this respect and in particular, Marc de Berny does not guarantee that the Site will be accessible at all times or without error and/or free of defects. In this context, it is recalled that access to the Site may be temporarily suspended due to hardware and/or software maintenance of the Site’s server, and/or hardware, software and/or editorial maintenance of the Site, and/or the occurrence of a case of force majeure. The eventuality of temporary or permanent unavailability of the Site may not under any circumstances give rise to a claim for damages or any other form of compensation.
It is reminded that the transmission of data on the Internet is only relatively reliable, as the data circulates on heterogeneous networks, with varying characteristics and capacities, which are sometimes saturated at certain times of the day and which may have an impact on download times or data accessibility, the information it carries is not protected against the risks of misappropriation, intrusion into your system, piracy of data, programs and files on your system, or contamination by computer viruses, and it is up to the user to take all appropriate measures to protect his system and its contents against contamination by viruses and attempts at intrusion. Consequently, Marc de Berny cannot be held responsible for any damage resulting from access, use and/or unavailability of the Site, and in particular for any loss of data/programs, any virus contamination, any financial and/or commercial loss and/or any loss of image.
This site is protected by reCAPTCHA and Google. https://policies.google.com : Privacy policy. https://policies.google.com : Terms of use
APPLICABLE LAW
The present General Conditions are governed by French law. The present General Conditions express the entirety of the obligations of the parties. However, they may be supplemented and/or amended by any additional text concluded between the Parties and expressly referring to these General Conditions.
No general or specific condition communicated by the user may be integrated into these General Conditions.
All Users acknowledge the jurisdiction of the French courts for all matters relating to the content and use of the site or any recourse arising therefrom.
LAW ON DATA PROCESSING AND LIBERTIES
In compliance with Regulation (EU) 2016/679 on the protection of personal data and with the French Data Protection Act of 6 January 1978, as amended on 24 July 2019, Marc de Berny is responsible for the processing of personal data carried out in the context of its activity.
When browsing this Site, the user is likely to communicate to Marc de Berny, technical and browsing information referred to in the Cookies policy, but also personal data necessary for the implementation of the services offered on this Site. Users of the site have the right to access, rectify, delete or oppose personal data. At any time, the user of the site may also withdraw his consent to the service subscribed to.
These rights may be exercised by selecting the Contact section of the Site or by sending an e-mail to: marc@marcdeberny.com or by post to Marc de Berny – Rua de Tanger 1327 – 4150-723 Porto – Portugal.
DATA PROTECTION
Your rights
In accordance with the provisions of the law known as “informatique et liberté” of 6 January 1978, as amended, and the general regulation on data protection, you have the right to access, rectify, delete, limit, oppose and port personal data concerning you. You will find a description of these rights and how to exercise them in each of the sections below.
Right of access
You have a right of access to the data concerning you processed by Marc de Berny. This allows you to see the data we hold about you and, if you wish, to request a copy.
To have a personalized detail of the data that we have on you, you can send us your request by e-mail to marc@marcdeberny.com or by post to the address: M de B 320, rue Saint-honoré 75001 Paris, France. We will endeavour to reply within a reasonable time.
Rights to rectification
Under the terms of the applicable regulations on the protection of personal data, you may request that we rectify any personal data concerning you that is inaccurate. You may also request that incomplete personal data concerning you be completed, including by providing a supplementary statement in support of your request.
You can send us your request by e-mail to marc@marcdeberny.com Erasure rights
You have the right to obtain from us the deletion, as soon as possible, of personal data concerning you subject to
our legitimate interest or any legal obligation requiring us to keep it.
Right to object
You may object to the sending of communications, particularly commercial communications, by Marc de Berny. To this end, we provide you with an unsubscribe link in all the emails we send you.
You may also object, for legitimate reasons, to the processing of your data.
To exercise this right, you can send us your request by e-mail to marc@marcdeberny.com
If you have a question about your rights with regard to data processing and liberties, you can consult the CNIL website : www.cnil.fr.
Updated on 23 May 2023